1. Introduction

These terms and conditions govern the use of the platform and related services provided by Medtora ApS (hereinafter “Medtora”, “we”, “us” or “our”) and define the relationship between Medtora and the individual company, including its participants using the platform. By accessing or using the platform, you agree to be bound by these terms and conditions.

Medtora ApS
CVR.: 38923439
Nyvej 9
4261 Dalmose
Danmark
Telefon: +45 93102032
E-mail: support@ medtora.com
Website: www.medtora.com

2. Definitions

The Platform: Is developed and made available by us for the creation, collection and administration of consents, surveys, participant data, including personal data, etc. related to a project under the Medtora ApS brand.

Participants: A natural person who participates in a company project and provides consent to the processing of personal data in connection with such participation, including the completion of project-related surveys.

Caregiver: Assign a caregiver to each participant, who will have access to projects and selected features to the extent the participant grants permission.

Company: The legal entity that creates a profile on the platform for the purpose of obtaining consents and surveys from participants and managing related information in connection with a project.

Associated Companies: A feature that allows a company to link other companies to its existing projects, typically used for affiliated or project-related companies.

Employees: It is possible to create employee accounts and assign specific access rights for use of the platform.

External Access: An external access profile can be created with specific access rights for use of the platform, similar to an employee profile. The creation of such a profile requires email based security approval.

Consent Statement: A digital or physical statement associated with a project that must be signed by the participant in accordance with GDPR’s requirements for consent statements, including withdrawal thereof.

Surveys: Can only be sent to the participant when there is a valid and signed consent in relation to an active project. The surveys are individually customized and answered digitally and the company can easily generate reports based on the participant’s responses with one click..

Active projects are when both participants and the company have full access to the platform and all materials. Participants can continue to participate in user surveys, questionnaires, tests and other clinical activities.

Inactive projects are when participants no longer have access to the platform and the company only has limited access to data and materials in order to meet GDPR and EHDS compliance.

Membership: A separate Membership fee is charged per project. Whether a project is active or inactive, it is subject to Membership Fees, although at different rates, as long as it is maintained on the platform. A project is maintained on the platform until it is actively deleted by the company. Please note that the company must ensure compliance with applicable legislation in order to access data related to a project even after its completion.

Support: The technical assistance we provide in connection with the use of the platform. Support is provided during our opening hours, as informed at the bottom of the website.

3. Registration & Access

Companies gain access to the platform by creating a company profile, after which they can create individual participants for each project and send consent statements and surveys to participants. It is the company’s responsibility to ensure that the information provided upon creation is correct and up-to-date.

Registration also implies acceptance of these terms and conditions, our privacy policy and other relevant policies.

The company’s access to the platform is personal and may not be disclosed to third parties without our prior written consent. All use must be in accordance with applicable law, including rules on personal data and data protection.

We reserve the right to deny access or terminate access to the platform if the company violates the terms, misuses the platform or uses it for purposes that are contrary to the law.

In the event of significant or repeated breach, we reserve the right to suspend or terminate the company’s access to the platform without notice. This does not entail a claim for reimbursement or compensation.

4. Platform Use & Pricing

Medtora offers access to the platform on a Membership basis, where a separate Membership is paid for each project, regardless of whether this is active or inactive, however the price varies accordingly. It is the company’s responsibility to ensure the correct choice of Membership. Upon creation, a one-time fee for setting up the company profile is invoiced.

All prices stated are exclusive of VAT and are invoiced annually in advance.

If payment is made after the due date, interest will be attributed to the individual invoice, as per legislation, as well as an administration fee of DKK 100 per month commenced. Upon the third reminder, the case will be transferred to Debt Collection and access to the platform for the individual company will be closed until all outstanding amounts have been paid.

Since our platform is a digital service targeted at business customers (B2B), there is no right of withdrawal upon purchase. Access to the platform is delivered digitally after payment for the Membership has been registered in accordance with our terms and conditions.

Our prices are index-adjusted once a year by 2% as of January 1. The adjustment will take place without further notice and will take effect at the start of the new Membership Period.

In the event of serious or repeated breach, including misuse of the system, we reserve the right to close access to the platform without notice and without refund.

5. Duration, Termination & Automatic Renewal

The membership runs for 12 months from the date on which the company creates the Membership via the portal, and billing is done immediately for the entire period.

The membership is automatically renewed for a new 12-month period, unless the company actively terminates the Membership by contacting us via the contact form at least 3 months’ notice before the end of the current Membership Period.

Upon termination or deletion of the company’s profile in accordance with these terms and conditions, amounts already paid will not be refunded, regardless of whether the termination occurs before the end of the binding period or as a result of the company’s own deletion of the company profile.

6. Limitation of Liability

Medtora is not liable for losses resulting from:

• lack of access to the platform, including operational disruptions, system errors, technical problems or force majeure events,
• errors or omissions in data entered by the user or third parties,
• incorrect use of functions or failure to comply with legal requirements incumbent on the data controller,
• indirect losses, including loss of profit, loss of data, operational losses or claims raised by third parties.

Medtora provides standardized consent templates and questionnaires, prepared based on applicable Danish legislation. The templates are provided solely as a general aid and do not constitute legal advice. Medtora does not guarantee that the templates meet all legal requirements in any specific application situation, and assumes no liability for legal deficiencies, invalidity or other consequences of their use. It is the sole responsibility of the data controller to ensure that consent statements and associated content are legally correct and applicable in the specific context.

Our total liability for claims under this agreement is in any event limited to an amount equal to the total Membership Payment for the last three months prior to the event giving rise to the claim.

Medtora is not responsible for failure to fulfill the agreement due to circumstances beyond our control, including but not limited to war, natural disasters, strikes, pandemics, government orders, power or internet connection failures.

Medtora is in no way responsible for the individual company’s processing and handling of the participants’ personal data, including any possible mishandling, use or other related to the individual project(s) the participant may participate in.

7. Partner Program

The Partner Program allows selected companies to offer the Medtora platform as part of their own services, typically in connection with clinical studies, market analysis, participant recruitment, and similar activities. Partners receive a commission for each active project, which applies only for the first three years of a project’s activity. If a project becomes inactive or is deleted from the platform before this period ends, no commission will be paid for that project.. Participation in the Partner Program does not grant ownership, rights, or any other claims to the platform, its content, technology, or business model. All intellectual property rights remain with Medtora, and partners are only granted a limited right to promote and use the platform in accordance with these terms and conditions.

8. Intellectual property rights

All rights to the platform, including software, design, logo, content, technical solutions and other components, belong to Medtora or our licensors and are protected under copyright law and other relevant legislation.

The company is granted a non-exclusive and non-transferable right to use the platform in accordance with these terms and conditions and the chosen Membership.

It is not permitted to copy, modify, distribute, sell or otherwise exploit parts of the platform without prior written permission from Medtora. It is also not permitted for companies or other users of the platform to imitate or copy Medtora’s business model, structure, Membership Principle or user flows in their own commercial context, either in whole or in part.

Any violation of our intellectual property rights, including attempts to copy the platform’s functionality or business concept, may result in termination of access to the platform and a claim for compensation. Medtora alone assesses whether an infringement has occurred. In the event of identified infringement, we reserve the right to pursue claims for compensation without further notice.

9. Confidentiality

We undertake to treat all information we receive from companies or participants confidentially and in accordance with applicable data protection legislation.

Unless otherwise provided by law or a specific agreement, information that we gain access to through the company’s use of the platform, e.g. in connection with support or troubleshooting, may not be disclosed to third parties without the company’s prior consent. This confidentiality obligation also applies after the termination of the agreement.

Medtora processes personal data in accordance with applicable data protection legislation (GDPR). A detailed description of our data processing principles can be found under GDPR & Sikkerhed & in our Cookie- og privatlivspolitik. When using the platform, a separate data processing agreement is concluded that ensures that the processing meets the requirements of the GDPR.

10. Changes to terms & conditions

Medtora reserves the right to update and change these Terms and Conditions on an ongoing basis. Changes are published directly on the platform and come into effect at the beginning of the next Membership Period, unless otherwise stated.

Medtora informs the company of significant changes via the platform. Continued use of the platform after a change is considered acceptance of the updated terms, unless the company terminates the Membership in accordance with the applicable termination conditions before the next Membership Period, cf. point 5.

It is the company’s own responsibility to keep up to date with the applicable Terms and Conditions. Continued use of the platform after a change is considered acceptance of the updated terms and conditions.

Changes to the Terms and Conditions do not give rise to a refund of prepaid amounts, even in cases where changes come into effect during an ongoing Membership or commitment period.

11. Contact information

If you have any questions about these terms and conditions, or if you would like further information about the use of the platform, you are always welcome to contact us:

Medtora ApS
CVR.: 38923439
Nyvej 9
4261 Dalmose
Danmark
Telefon: +45 93102032
E-mail: support@ medtora.com
Website: www.medtora.com

12. Merger, applicable law & venue

Medtora may, without further notice to the individual company, merge with, or transfer the company or its activities in whole or in part to a third party. The rights and obligations of the individual company under these terms and conditions will in such cases continue unchanged and be binding on the new owner.

The use of Medtora’s platform and related services as well as these terms and conditions are subject to Danish law. Any dispute that may arise in connection herewith shall be settled by the ordinary Danish courts with the Court of Næstved as the agreed venue.

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